Proving Liability in a Slip and Fall Case

Posted by Richard P. Hastings | Oct 21, 2021 | 0 Comments

Wet Floor

I arrived at my gym early one morning, and as I rounded the hallway corner, I saw a large puddle forming near one of the emergency exits. The ceiling in this location has leaked for years, and during heavy rainfalls, the problem tends to worsen. It has yet to undergo repair. A quick observation of my surroundings showed three areas with standing water, a yellow caution sign, and a mop propped inside a bucket. The sign, along with the cleaning materials, indicated that the condition of the floor was apparent, yet nothing was done to rectify the situation.

The situation brought up many questions. For example, why would the landlord not repair a roof that has been leaking for years? Why would a gym employee not put up the yellow caution sign to warn patrons about this hazard? Why would the employee not eliminate the hazard by using the bucket and mop on the area affected by the standing water? All of these factors would create an excellent liability case against the owner of the gym, the landlord, or some other responsible third party if somebody were to become seriously injured after slipping and falling on the water.

One of the main issues in this type of case is the type of notice the responsible party had regarding the hazard. In other words, was something spilled moments before a person walked up upon it and then slipped? Was the risk there for an extended period? How could one tell how long the hazard was present to determine whether the property owner, the tenant or some other responsible third-party knew or should have known of the hazard?

In the gym's case, there are many things to establish that this was an ongoing problem, known by the tenant, landlord, or other responsible third party. The gym's patrons could testify that the ceiling has leaked for years, and management has been advised of this fact. There is a mop and bucket near the standing water, so it would be difficult for the tenant or landlord or another responsible third party to claim they did not know about the issue. There is also the yellow caution sign leaning against the wall, which would also indicate that the responsible party or parties had noticed this hazardous situation but did not deal with it correctly.

If you or someone you know has been injured in a slip and fall or trip and fall case, you must contact an experienced Connecticut personal injury lawyer at the earliest possible moment. Investigating your case close to the time of your fall is likely to increase the value of your claim. For example, we may have our private investigator contact the individuals present at the time of the injury and have our premises liability expert visit the property to take photographs of the scene and prepare a report on their findings. Visiting at or near the time you fell ensures that the condition that existed at the time you fell would be quite similar to the condition that existed at the time the report was prepared.

Our Connecticut personal injury attorneys take these cases on a contingency fee basis and advance the costs to develop your case. In other words, you will not have to pay any legal fees and any costs unless and until we recover money damages for you.

Do not delay! Click here to contact us or call 203-438-7450 for a free case evaluation. 

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.


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